A.D.B. v. D.E.

A.D.B. v. D.E.

Applying the best interests standard and the assessor's findings, the court maintained joint custody, awarded primary care of the son to the Father (due to the son's age, expressed preference and stability concerns) and primary care of the daughter to the Mother (assessor and evidence of Mother's nurturing, and Father's minimization of daughter's needs); past allegations were deemed irrelevant absent current risk; specific orders were made to ensure information sharing, telephone access, restricted disclosure of the assessor's report and a specified weekend access regime for the Father with the daughter.

Citation
2007 NSSC 182
Parties
Petitioner: B. (A. D.); Respondent: E. (D.)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 June 2007
Procedural Posture
Family Custody and Access / Written Decision (final)
Outcome
Variation granted in part: joint custody retained; son remains in primary care of Father; daughter awarded primary care to Mother beginning at end of school year.
Legal Topics
Custody, Access/visitation, Best Interests of the Child, Variation Application, Parental Fitness, Custody and Access Assessment, Information Sharing
Source Language
English
Family Law Child Welfare Custody Access/visitation Best Interests of the Child Variation Application Parental Fitness Custody and Access Assessment +1 more

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Parties

B. (A. D.)

Petitioner

E. (D.)

Respondent

Procedural Posture

Family Custody and Access / Written Decision (final)

Legal Issues

  1. 1 Whether primary care of each child should be varied and to whom custody should be awarded
  2. 2 How the best interests of each child are met by proposed arrangements
  3. 3 Whether past allegations (abuse, grow-op, social assistance overpayments) should determine custody

Ratio Decidendi

Applying the best interests standard and the assessor's findings, the court maintained joint custody, awarded primary care of the son to the Father (due to the son's age, expressed preference and stability concerns) and primary care of the daughter to the Mother (assessor and evidence of Mother's nurturing, and Father's minimization of daughter's needs); past allegations were deemed irrelevant absent current risk; specific orders were made to ensure information sharing, telephone access, restricted disclosure of the assessor's report and a specified weekend access regime for the Father with the daughter.

Court Disposition

Variation granted in part: joint custody retained; son remains in primary care of Father; daughter awarded primary care to Mother beginning at end of school year.

Orders

  • Children remain in joint custody of Mother and Father
  • Son to remain in primary care of Father